Definition Equity Common Law
A supplement to the common law.
Definition equity common law. Equity can be broadly described as being just or fair whereas the legal meaning of the term equity refers to the rules determined to mitigate the severity of the common law rules and those issues that are not be covered under the common law jurisdiction. As a legal system it is a body of law that addresses concerns that fall outside the jurisdiction of common law. Equity is based on a judicial evaluation of fairness reason good faith and justice. Equity simply put is a form of legal relief in the event such relief cannot be found in the rules of common law.
The second great branch of english law. For centuries the common law was referred to as the law in contrast with equity. In law the term equity refers to a particular set of remedies and associated procedures involved with civil law. Equity on the other hand refers to laws that are similarly established by court rulings but deal with judgment and justice through equitable decisions.
Equity is also used to describe the money value of property in excess of claims liens or mortgages on the property. Equity is based on a judicial assessment of fairness as opposed to the strict and rigid rule of common law. Common law typically refers to laws based on precedence and the rulings of judges who hear a case in a courtroom. Common law is a body of law based on precedent or court decisions.
The law of equity is a set of rules created by the courts of chancery in order to mitigate the harshness that the common law system provided to the country. Equity constitutes general principles and serves as a supplement to common law. In its broadest sense equity is fairness. These equitable doctrines and procedures are distinguished from legal ones.
There is a certain relationship between the common law and equity. Common law also known as case law is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from.